It seems commenter Tom S. and I were reading the same article at the same time. Shipwreckedcrew has stepped up to explain what role DoJ can play in election fraud--as well as also explaining the limitations of what DoJ can do. If this election comes down to DoJ, in the best case scenario Trump will lose. That's simply the reality based on the laws we have. Yes, those laws need to change, but guess what? Bill Barr didn't write those laws and he doesn't get to write new laws--Nancy Pelosi does that, if she can get Cocaine Mitch to sign off on her insanity. Meanwhile, Barr has to live with those laws--do you want that job? Prosecuting individuals for election fraud is too slow a way to police elections.
With that said, here's the article:
There Is A Role for the Department of Justice In Addressing Election Process Fraud and Attorney General Barr Needs to Step Up
SWC first clearly sets out the applicable laws:
Title 18, United States Code, Section 595 states:
Whoever, being a person employed in any administrative position by the United States, or by any department or agency thereof, or by the District of Columbia or any agency or instrumentality thereof, or by any State, Territory, or Possession of the United States, or any political subdivision, municipality, or agency thereof, or agency of such political subdivision or municipality (including any corporation owned or controlled by any State, Territory, or Possession of the United States or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United States, or any department or agency thereof, uses his official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, shall be fined under this title or imprisoned not more than one year, or both.
Title 52, United States Code, Section 20511 states:
§ 20511. Criminal penalties: A person, including an election official, who in any election for Federal office—
….
(2) knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of a fair and impartially conducted election process, by—
(A) the procurement or submission of voter registration applications that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held; or
(B) the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held,
shall be fined in accordance with title 18 (which fines shall be paid into the general fund of the Treasury, miscellaneous receipts (pursuant to section 3302 of title 31), notwithstanding any other law), or imprisoned not more than 5 years, or both.
But then he adds:
Big city Democrat machine politicians and operatives will continue to fraudulently influence the outcome of elections if there is no price to pay for doing so.
The reality of the situation is that these remedies do not alter the outcome of elections as state government officials ultimately determine them to be. There is no mechanism that I am aware of that would allow some federal agency of department to direct a state officer such as the Secretary of State to certify the outcome of an election not in accord with that state officer’s independent decision on the question.
This is why beginning back in 2006 George Soros funded the Secretary of State Project, the goal of which was to elect progressive candidates to the positions of Secretary of State in battleground states.
Get it? The investigative and prosecutive process is far too slow to keep pace with fast paced events like massive voter fraud committed by people with control of many of the means necessary to--if not actually conceal that fraud took place, then--shield the invidivual perpetrators until well after the elections have been decided.
Nevertheless ... SWC has recommendations, and like me (in a comment) he believes this process has started:
Attorney General Barr needs to step forward and appoint a Special Counsel to begin an inquiry into the cities where there is anecdotal evidence of ballot tabulation irregularities that shifted the outcome of the election in those states.
I believe there is good reason to suspect such scrutiny is coming. I think the first steps are probably awaiting the end of the first count in some of these contested jurisdictions. Once that is complete, and the Trump campaign seeks to have recounts conducted, it is likely we will see DOJ activity at that point.
In the early morning hours on Wednesday as big cities in battleground states were holding back their vote tabulations, an email went out to US Attorney’s Offices around the country from the office of Deputy Attorney General Jeffrey Rosen confirming that the statute which precludes armed federal officers from being at polling stations while voting is taking place does not apply to locations where votes are being canvassed and tabulated. The statute “does not prevent armed federal law enforcement persons from responding to, investigate, or prevent federal crimes at closed polling places or at other locations where votes are being counted,” said Richard P. Donoghue, the Principal Assistant Deputy Attorney General, told the U.S Attorneys in an email sent at 1:30 a.m. on Wednesday.
This issue would have only be answered in that fashion and at that time of the morning in response to one or more inquiries from U.S. Attorneys watching events unfold. The significance is that the US Attorneys Offices may take steps to seek to have prosecutors and FBI Agents present to observe the recounts as they take place, and to take note of any ballot irregularities that are uncovered. There have been reports from some jurisdictions that GOP election observers were made to leave election offices in some jurisdictions late on Tuesday evening, being told that the counting process was being halted for the night, only to have counting of ballots continue once they left.
Obviously, if Biden is ultimately declared the winner of the election, all the US Attorneys now in office will be removed and replaced with Democrat appointees — maybe. But in the 10 weeks that will pass between now and that time, the process of starting this investigation should begin with grand jury subpoenas for documents and testimony. It needs to be robust enough that when Attorney General Barr hands it off to a Special Counsel, there would be an enormous political price for the Biden Administration if they sought to stop the investigation.
Anyone who expects Barr to be holding grandstanding press conferences has it all wrong. He's too busy getting his job done. And he is doing his job. And if you think he's unaware of election fraud in the United States and hates it, you're wrong.
UPDATE: For anyone who wants to read about a guy who's likely to play a helluva lot bigger role in the outcome of this election than Bill Barr--and you should hope and pray that he does--here ya go:
Justice Samuel Alito, Prophet
Is it but coincidence, we wonder, that Samuel Alito is the Justice who led the dissenters against the decision of the Supreme Court last week to take a powder on Pennsylvania? That is, could it be merely coincidence that the justice who seems to grasp the possibility of malfeasance in the swamp of Pennsylvania is the only justice to have served as United States attorney for the District of New Jersey (and to have ridden the Third Circuit, based at Philadelphia)? Or is Justice Alito just naturally savvier?
...
What we make of this is that Justice Alito has laid out the logic for President Trump to turn to the Supreme Court, as he has just done. ...
Just the news, of Barr appointing a Special Counsel, would emphasize to the public the seriousness of the issues here.
ReplyDeleteDamn it, do it, Barr!
And this should happen before the MSM calls any more states for BiteMe, and screams for DJT to fold "for the good of the country".
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ReplyDelete“ Twitter user "US Rebel" (@USRebellion1776), however, found that the number of votes cast for Joe Biden far exceeds those cast for that state's Senate candidates in swing states, while those cast for Trump and GOP Senators remains far closer.”
https://www.zerohedge.com/political/why-does-biden-have-so-many-more-votes-democrat-senators-swing-states
Which, to suspicious minds kinda suggests that an examination of all ballots would reveal either that the ballots enumerated don't really exist or that a large number have only the Biden box checked and nothing else--which is another indicator of fraud.
DeleteMark, I was thinking the same thing about the imbalance between the Biden “lead” and the down ticket races - Senate, House… Marking a ballot for just Biden and nothing else. Posted that on an earlier thread before I got to this one. Some of us are thinking in the same direction...
DeleteI think where we are currently heading is not a recount. Recounting bad ballots will just reproduce the same results.
ReplyDeleteWhat were probably going to see is something we've never seen before which is a requalification of ballots.
That will make "chads" look like a speed bump.
I agree with both you and Tom on the level of Barr's limits. However I also see remedy in the above mentioned statutes as well. The U.S. Marshals are empowered to make arrests on the fly as crimes are committed and should be out doing so in conjunction with the FBI and USAs doing larger notations.
I'm never sure why federal statutes are so frequently viewed as commit the crime now, maybe be arrested later. SOME of these actions in the past 48 hours do warrant it. Smuggling in ballots in suitcases, producing ballots without names, producing ballots without voters, ordering those to be counted, etc are not antidotal.
If they snatched only a dozen or two of the people engaging in that behavior on the fly it would go a LONG WAY!!
And you would ensure that the perps were caught in the act/speedily identified ... how? There are ~10K FBI agents in the entire country and less than 4K marshalls in the entire country--not all of whom could possibly be available on a moment's notice to police elections in several very large states on a round the clock basis.
DeleteShould we just go back to blaming Barr for everything?
The simple solution is for the legislators send their own slate of electors for Trump.
DeleteRob S
Just so we don't forget that the world is laughing at us, not with us:
ReplyDelete"The Global Times, a newspaper owned by the Chinese state, lamented on Wednesday that the extended vote-counting process in America proved the country is “not synonymous to a stable, civilized, and consensus-based society anymore.”
"Venezuelan dictator Nicolás Maduro mocked the ongoing controversy surrounding the U.S. presidential elections on Thursday, declaring that his own country had some of the most civilized, peaceful, and transparent systems in the world."
Coming to your neighborhood soon under the Harris admin:
"The Hong Kong police established a hotline this week where residents can snitch on their neighbors for violating the “national security law” imposed on the island by the Chinese Communist Party (CCP) in June."
And things already start to unravel:
"A United Nations General Assembly committee on Thursday adopted a resolution, backed by 139 member states, that referred to Jerusalem’s Temple Mount only by its Muslim name and ignored any connection to Judaism — despite it being the religion’s holiest site."
I would say that I hope they didn't let the lease go on the embassy building in Tel Aviv, but, since it's even money the U.S. will renege on diplomatic recognition of Israel under Harris, the question is probably moot. Taiwan better suck it up.
Side bet: during the Harris admin the U.S. dollar will cease to be the world's reserve currency.
Tom S.
"the U.S. dollar will cease to be the world's reserve"...."
DeleteSounds quite right to me.
No I'm not blaming the fat kid but I think that is how a lot of people get into that train of thought. Not because investigations validly take time but because laws are broken in plain sight and nothing becomes of it.
ReplyDeleteThere are witness pouring in with this information. It's being videoed, photographed and noted. Some of it is being pumped out real time.
I didn't suggest that either division could or should be at every building or that all could or should be involved. I simply say that a few dozen federal arrests where you have evidence to warrant it would go a LONG way in election fraud. Mostly because they never expect it and the uppers whom are involved in this condone it.
Something like this is worthy of the FBI, it probably warrants investigation. https://www.citizenfreepress.com/breaking/alert-34-counties-in-michigan-used-faulty-software-program/
Something like this could be handled right then and there. https://www.thegatewaypundit.com/2020/11/watch-ballot-count-watcher-describes-least-130000-ballots-biden-arriving-three-vehicles-detroit-dead-night/
I don't think it was unreasonable to have expected issues in this. We preemptively activated 21 guard units nation wide before the election. Is it really too much to ask or think deploying federal teams into problems areas where possible shouldn't be warranted as well?
And I'll stress that what I am asking / saying is meant with the up most respect and humility from both perspectives. I agreed with you and Tom both on the excessive demands and blames being thrown about towards the DoJ. (Even the fat kid)
And maybe I am dead wrong, maybe the people doing this don't care in the least if their caught. But I guessing the people whom are sitting in those rooms counting and moving this stuff are average everyday nobodies whom would take serious notice to a few federal arrests of their peers for breaking federal laws.
The PR would go a long way into the pleadings for recounts and validation cases. 👍
Hello, all. I’ve been too busy lately to spend much time online, and will continue to be in that position for a while, but I just want to throw out one thing that’s maybe already been mentioned, but just in case it hasn’t:
ReplyDeleteAssuming Rs still have a majority House delegation in 26 or more states, then all the R-controlled state assemblies in PA, MI, WI (& maybe elsewhere) need to do is send their own slate of electors to DC, which they’ll be totally justified in doing, & then have the 5 hopefully patriotic SC Justices not side with Dems by rejecting them. Then the undecided election goes to the House delegations, and voila.
I’m not explaining myself real well here, and I totally understand all of this is easier said than done, but this site knows what I’m talking about, and like I said, I just wanted to get it out there that the Republican House delegations get to decide if things get tied up long enough.
That said, I’m in favor of new elections in the relevant states, tightly controlled - as Mark has already laid out- if the recount option is a non-starter due to too many R ballots having been thrown away and too many fraudulent D ballots already mixed in (which is probably the case, I would think).
Lastly, all the talk is understandably about the presidential vote counting, but there’s no reason to believe that R downballot candidates, from Congress all the way down to the local level, aren’t being screwed out of victories at the same time. Rs might control the House without the fraud, and the Senate may have stayed at +3 or even gained.
Interesting thread from Larry Schweikart re re-do vs recount, and what the Trump team is likely doing:
ReplyDeletehttps://twitter.com/LarrySchweikart/status/1324493436301438976
Frank
At the beginning of the Trump candidacy, there was a conspiracy among senior Executive Branch officials to grant Hillary a pass on her criminality in regard to her homebrew email server, and the concomitant effort to spy on and undermine the Trump campaign. These crimes are still unredressed.
ReplyDeleteDuring Trump's first term of office, there was a conspiracy of many individuals, including Executive Branch officials, to conduct an attempted coup against a duly elected president. These crimes are still unredressed.
Now, there is ongoing, overt, in-your-face, plain as the nose on your face, criminal enterprise engaged in voter fraud to subvert the will of the people in a national election. Biden openly asserted that this was his election strategy in a campaign speech a few weeks ago. And DOJ/FBI remains on the sidelines.
At what point do the inhabitants of DC recognize what is plainly obvious to Mainstreet USA? The rule of law is dead and buried as demonstrated by an avalanche of facts. There are two systems of justice in actual practice. One set of rules for everyday American citizens, and a completely different set of rules for the inhabitants of DC, and especially for the most corrupt among them.
This cannot and will not stand. If DC will not heal itself, then it will once again fall to the citizen soldiers of this country to cure this runaway train of criminality. If Barr wants to sit on the sidelines and watch the carnage, then he best stay there when things get real.
Half the country has had it's hissy fit during the campaign season, and the other half waited patiently for a sign that sanity and honor would return. That patience is wearing very thin and Barr's problems are about to magnify tenfold if he fiddles much longer.
I basically agree with you. However ...
DeleteI doubt that "citizen soldiers" are going to "cure this runaway train of criminality."
Barr is not sitting on the sidelines of this one. He simply is not a leading player in this, nor is the FBI. This will happen in the courts and the lead players are the lawyers like Giuliani and the SCOTUS.
If this steal goes through, Barr has a big decision to make. He came back, presumably, because he thought he could make a difference and protect the Executive. Instead he'll see that the Executive he has devoted his life in government to is now a plaything of the Deep State and money interests.
He's sitting on a mountain of damning information. What does he do? I would hope that he would speak out, appoint an SC, etc. I hafta believe at this point that he's deeply disillusioned and deeply angry.
"the Executive he has devoted his life in government to is now a plaything of the Deep State and money interests."
DeleteSo, will he wait 'til 19 Jan. to bring charges vs. the DS, or will he finally start to use charges upon that crowd, to help awaken the nation to the scale of the crisis?
"deeply disillusioned and deeply angry."
Given the mountain of evidence that has dribbeled into the public realm in these last few years, what did he expect them to do, esp. as long as he was giving them such leash (instead of making *real* noise, that the MSM couldn't ignore)?
Mark, I pray you're correct in your analysis, but my honest assessment is that Mainstreet USA is far more upset than you realize. What is transpiring in this election fraud debacle is beyond the pale for most Americans, and I don't think that can be mollified by some weak gruel of wait until the next election and hope for the best. Trust is DC is below zero at this point and national trust and unity is evaporating as well.
Delete"I don't think that can be mollified by some weak gruel...."
DeleteCould well be, but the Dems likely anticipated such, and expect to be able to *interdict* any major action, from those who see this as beyond the pale.
Esp. seeing as Sil. Valley etc. has the power, to monitor/ inhibit most (long-distance) commo between these "malcontents".
Today Karl Denninger (as is his wont) put things vividly (but incompletely):
Delete"what you have done is taken 160 million people, more or less, and convinced every one of them that since the *soapbox* is censored by Big Tech, the *Jury Box* is not available for what ails them and the *ballot box* has been rendered worthless, you have radically increased the odds they reach for the last box.
Are you sure you want to go down that road?"
Book it, the Dem brass has indeed chosen that road.
If resort to the "last box" has any chance of improving anything, it'll need help from some sort of Franco, as I've been suggesting for months here.
Those who still doubt my take (on the Dems' path), should check out today's words from the Biden cliche, that, if DJT won't leave on 20 Jan., they are "capable of escorting trespassers out of the White House."
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